Coshott v Parker & Collins as Executors of the Estate of the late Michael Petrovic Lenin [2015] NSWSC 998

Supreme Court New South Wales

Medium Neutral Citation: Coshott v Parker & Collins as Executors of the Estate of the late Michael Petrovic Lenin [2015] NSWSC 998 Hearing dates: 14 & 16 July 2015 Date of orders: 24 July 2015 Decision date: 24 July 2015 Jurisdiction: Common Law Before: Davies J Decision: The parties are to bring in Short Minutes of Order Catchwords: EQUITY – subrogation – payment of debt by third party at request of the debtor – whether unconscionable of debtor to avoid liability to third party – whether debtor is subrogated to third party Legislation Cited: Legal Profession Act 2004 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aetna Life Insurance Co v Middleport (1887) 124 US 534 Cochrane v Cochrane (1985) 3 NSWLR 403 Cook v Italiano Family Fruit Company Pty Ltd (in liq) [2010] FCA 1355; (2010) 190 FCR 474 Re Dalma (No. 1) Pty Ltd (in liq) [2013] NSWSC 1335 Texts Cited: Meagher, Gummow and Lehane's Equity Doctrines and Remedies (Butterworths Lexus Nexus (2002) 4th Ed.) Category: Procedural and other rulings Parties: Ljiljana Coshott (Plaintiff) Michelle Lena Parker (First Defendant) Christina Marie Collins (Second Defendant) Ronald Coshott (Applicant) Representation: Counsel: W Colbron (Plaintiff) A Cornish (First and Second Defendants) R D Marshall (Applicant)

Solicitors: Colbron & Associates (Plaintiff) Hicksons (First and Second Defendants) B Hocking (Applicant) File Number(s): 2012/388476